A BILL to amend and reenact §30-3-13 of the Code of West Virginia,
1931, as amended, relating to allowing physicians to use
electronic signatures for orders for patients care in or
admission to long- term care facilities.

Be it enacted by the Legislature of West Virginia:

That §30-3-13 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

(a) A person may not engage in the practice of medicine and
surgery or podiatry, hold himself or herself out as qualified to
practice medicine and surgery or podiatry or use any title, word or
abbreviation to indicate to or induce others to believe that he or
she is licensed to practice medicine and surgery or podiatry in
this state unless he or she is actually licensed under the
provisions of this article. A person engaged in the practice of
telemedicine is considered to be engaged in the practice of
medicine within this state and is subject to the licensure
requirements of this article. As used in this section, the term
"practice of telemedicine" means the use of electronic information
and communication technologies to provide health care when distance
separates participants and includes one or both of the following:
(1) The diagnosis of a patient within this state by a physician
located outside this state as a result of the transmission of
individual patient data, specimens or other material by electronic
or other means from within this state to the physician or his or
her agent; or (2) the rendering of treatment to a patient within
this state by a physician located outside this state as a result of
transmission of individual patient data, specimens or other
material by electronic or other means from within this state to the
physician or his or her agent. No person may practice as a
physician assistant, hold himself or herself out as qualified to
practice as a physician assistant or use any title, word or
abbreviation to indicate to or induce others to believe that he or
she is licensed to practice as a physician assistant in this state
unless he or she is actually licensed under the provisions of this
article.

(b) Any person who intentionally practices, or holds himself
or herself out as qualified to practice, or uses any title, word or
abbreviation to indicate to or induce others to believe he or she
is licensed to practice a health care profession licensed under
this article with a license classified by the board as expired,
lapsed or terminated, for any period of time up to ninety days, is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $5,000 or confined in jail not more than twelve
months, or both fined and confined.

(c) Any person who intentionally practices, or holds himself
or herself out as qualified to practice, or uses any title, word or
abbreviation to indicate to or induce others to believe he or she
is licensed to practice as a physician, podiatrist or physician
assistant without obtaining an active, valid West Virginia license
to practice that profession or with a license that is: (1)
Expired, terminated or lapsed, for over ninety days; or (2)
inactive, revoked, suspended or surrendered, is guilty of a felony
and, upon conviction thereof, shall be fined not more than $10,000
or imprisoned in a state correctional facility for not less than
one year nor more than five years, or both fined and imprisoned.

(d) The provisions of this section do not apply to:

(1) Persons who are duly licensed health care providers under
other pertinent provisions of this code and are acting within the
scope of their license;

(2) Physicians or podiatrists licensed in other states or
foreign countries who are acting in a consulting capacity with
physicians or podiatrists duly licensed in this state for a period
of not more than three months: Provided, That this exemption is
applicable on a one-time only basis;

(3) An individual physician or podiatrist, or physician or
podiatrist groups, or physicians or podiatrists at a tertiary care
or university hospital outside this state and engaged in the
practice of telemedicine who consult or render second opinions
concerning diagnosis or treatment of patients within this state:
(i) In an emergency or without compensation or expectation of
compensation; or (ii) on an irregular or infrequent basis which
occurs less than once a month or less than twelve times in a
calendar year;

(4) Persons holding licenses granted by another state or
foreign country who are commissioned medical officers of, a member
of or employed by the Armed Forces of the United States, the United
States Public Health Service, the Veterans' Administration of the
United States, any federal institution or any other federal agency
while engaged in the performance of their official duties;

(5) Any person providing first-aid care in emergency
situations;

(6) The practice of the religious tenets of any recognized
church in the administration of assistance to the sick or suffering
by mental or spiritual means;

(7) Visiting medical faculty engaged in teaching or research
duties at a medical school or institution recognized by the board
and who are in this state for periods of not more than six months:
Provided, That the individuals do not otherwise engage in the
practice of medicine or podiatry outside of the auspices of their
sponsoring institutions;

(8) Persons enrolled in a school of medicine approved by the
liaison committee on medical education or by the board, or persons
enrolled in a school of podiatric medicine approved by the council
of podiatry education or by the board, or persons enrolled in an
undergraduate or graduate physician assistant program approved by
the committee on allied health education and accreditation or its
successor on behalf of the American Medical Association or by the
board, or persons engaged in graduate medical training in a program
approved by the liaison committee on graduate medical education or
the board, or engaged in graduate podiatric training in a program
approved by the council on podiatric medical education or by the
board, who are performing functions in the course of training
including with respect to functions performed by medical residents
or medical students under the supervision of a licensed physician,
ordering and obtaining laboratory tests, medications and other
patient orders by computer or other electronic means and no other
provision of this code to the contrary may be construed to prohibit
or limit medical residents' or medical students' use of computers
or other electronic devices in this manner;

(9) The fitting, recommending or sale of corrective shoes,
arch supports or similar mechanical appliances in commercial
establishments; and

(10) The fitting or sale of a prosthetic or orthotic device
not involving any surgical procedure, in accord with a prescription
of a physician, osteopathic physician or where chiropractors or
podiatrists are authorized by law to prescribe such a prosthetic or
orthotic device, in accord with a prescription of a chiropractor or
podiatrist, by a practitioner certified in the provision of custom
orthotic and prosthetic devices, respectively, by a nationally
recognized credentialing body for orthotics and prosthetics that is
accredited by the National Commission for Certifying Agencies
(NCCA): Provided, That the sale of any prosthetic or orthotic
device by a partnership, proprietorship or corporation which
employs such a practitioner or registered technician who fitted the
prosthetic or orthotic device shall not constitute the unauthorized
practice of medicine: Provided, however, That the practitioner or
registered technician may, without a prescription, make
recommendation solely to a physician or osteopathic physician or to
a chiropractor or podiatrist otherwise authorized by law to
prescribe a particular prosthetic or orthotic device regarding any
prosthetic or orthotic device to be used for a patient upon a
request for such recommendation.

(e) This section may not be construed as being in any way a
limitation upon the services of a physician assistant performed in
accordance with the provisions of this article.

(f) Persons covered under this article may be permitted to
utilize electronic signature or unique electronic identification to
effectively sign materials, transmitted by computer or other
electronic means, upon which signature is required for the purpose
of authorized medical practice. Such signatures are deemed legal
and valid for purposes related to the provision of medical
services, including but not limited, to orders pertaining to a
patient’s care in or admittance into a long-term care facility.
This subsection does not confer any new practice privilege or right
on any persons covered under this article.

NOTE: The purpose of this bill is to authorize physicians to
use electronic signatures to admit patients to long-term care
facilities and provide for their care.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.